Date Legislation considered: September 2024
Date Legislation in force: 16 September 2024
Relevant Withdrawal Agreement/EEA EFTA Separation Agreement Right(s): Article 30 of Title III of Withdrawal Agreement, Article 29 of Title III of EEA EFTA Separation Agreement. This covers social security coordination regimes.
What does the legislation do?
These regulations introduce changes to Winter Fuel Payments (‘WFP’) in England and Wales. The regulations introduce a requirement that WFPs are made to a pensioner in households in England and Wales which are in receipt of qualifying income-related benefit or tax credit. Previously, these payments were paid to pension households regardless of receipt of other benefits.
The regulations also provide for social security coordination for those living in certain EEA countries and Switzerland who fall in scope of Title III of the Withdrawal Agreement and EEA EFTA Separation Agreement. Regulation 2 provides for payment of WFPs to people who have reached State Pension age by the end of the qualifying week, are habitually resident in countries listed in Schedule 1 to these regulations (listed are eligible EEA countries and Switzerland), are in receipt of a benefit equivalent to Pension Credit or another qualifying benefit or tax credit and are able to show a genuine and sufficient link to the United Kingdom.
Schedule 1 does not list all the EEA countries, and this follows previous domestic practice which excludes, from the WFP scheme, those living countries with an average winter temperature higher than the warmest region in the UK. These changes do not affect the rights of citizens continued inclusion to the EU coordination of Social Security regime which is provided for under the Agreements.
These regulations were amended in September 2024 by The Social Fund Winter Fuel Payment (Amendment) Regulations 2024. These amending regulations correct minor
errors to the main regulations.
Finally the regulations make minor amendments to the legislation in Scotland but the main requirement regarding WFP does not extend to Scotland; Scotland has separate regulations which come into force on 20 November 2024.
Comments
The IMA raises no issues of concern at this stage, however any citizen experiencing difficulties in exercising their rights is encouraged to report a complaint through the IMA Portal.
Further information about the IMA and guidance on how to report complaints can also be found on the Website.